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(영문) 수원지방법원 2020.11.06 2020고단5566
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 11,000,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 10, 2009, the Defendant was issued a summary order of KRW 1 million by the Seoul Western District Court as a crime of violation of the Road Traffic Act.

On August 1, 2020, the Defendant was under the influence of alcohol of 0.146% of blood alcohol concentration on August 13:50, 202, and was driving D car at approximately 17 kilometers from the king to the high-speed distance in the front of the “C” located in the Gancheon-si Suwon River Zone B.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection;

1. Report on the circumstantial statements of a drinking driver, notification of the results of the control of drinking driving and the result of measurement of drinking;

1. Records of judgment: Application of one copy of a statement on criminal records, a written summary order, and one copy of the relevant Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant, who has a record of driving a drinking alcohol, drives a motor vehicle again, and the nature of the crime is not less than that of the crime, but not less than that of the blood alcohol concentration due to the drinking alcohol in this case.

However, the Defendant recognized the instant crime and divided his mistake, the Defendant’s drinking driving record has passed since the date of the instant crime, and the Defendant had no record of punishment since 2010, and the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime, means and consequence, etc., taking into account the various circumstances that form the conditions for sentencing indicated in the record, such as the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, means and consequence, etc., the sentence is determined as ordered.

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